Bell v Direct Design (North) Ltd & Anor [1995] UKEAT 327_95_3110 (31 October 1995)

Bell v Direct Design (North) Ltd & Anor [1995] UKEAT 327_95_3110 (31 October 1995)

No error of law identified in Tribunal's decision; factual findings regarding dismissal and transfer are not appealable unless legal misinterpretation is shown.

Citation
[1995] UKEAT 327_95_3110
Parties
Applicant/appellant: Mrs Bell; Respondent: Direct Design (North) Ltd; Respondent: Hamblewood Products Ltd; Representative/friend: Mr Holt
Jurisdiction
United Kingdom
Judgment Date
31 October 1995
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Preliminary hearing adjourned for submission of affidavits.
Legal Topics
Unfair Dismissal, Redundancy, Transfer of Undertaking, Written Terms of Employment, Wages Act Deductions

Case Brief

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Parties

Mrs Bell

Applicant/appellant

Direct Design (North) Ltd

Respondent

Hamblewood Products Ltd

Respondent

Mr Holt

Representative/friend

Procedural Posture

Employment Appeal / Preliminary Hearing

  1. 1 Whether dismissal was connected to transfer of undertaking
  2. 2 Whether Tribunal erred in not permitting cross-examination
  3. 3 Entitlement to compensation for unfair dismissal and redundancy

Ratio Decidendi

No error of law identified in Tribunal's decision; factual findings regarding dismissal and transfer are not appealable unless legal misinterpretation is shown.

Court Disposition

Preliminary hearing adjourned for submission of affidavits.

Orders

  • Affidavits to be sworn by Mr Drake, Mr Holt, and Mrs Bell within two weeks regarding lunchtime conversation.
  • Matter to be re-fixed for hearing after affidavits submitted.